Case law

Walsh v. . N.Y.C. H.R.R.R. Co.

204 N.Y. 58 · New York Court of Appeals · Jan 9, 1912

This point is clearly illustrated in Masterton v. … It was supplemented by the testimony of a competent witness, who stated very clearly what the plaintiff's earnings as earnings were worth. 2.

Tilton v. Beecher

14 N.Y. 176 · New York Court of Appeals · Dec 7, 1874

.” *182 If the words “ and on the other grounds stated ” had been omitted, it is very clear that the order would conclusively establish that the motion was denied solely on the ground of a supposed want of power to grant … After a careful examination of the opinion we are satisfied that it does not in any substantial respect qualify the statement in the order, that the motion was denied on the ground of want of power, and that the other grounds

Cahill v. Public Service Commission

76 N.Y.2d 102 · New York Court of Appeals · May 10, 1990

The tendered State interest in this case does not qualify. … But the effects of this gossamer civic goodwill on the elementary provision of utility services are at best speculative, and at worst clearly not a sufficient basis upon which to compromise First Amendment freedoms held by

Babcock v. Utter

32 How. Pr. 439 · New York Court of Appeals · Mar 15, 1864

In my opmion, this conclusion is in conflict with well established prmciples. … This qualified title to one-half the waters of the river was vested in the plaintiffs at the time of the commencement of the action, and it constituted the extent of their title to the water power which they were using at

Norris v. . Beyea

13 N.Y. 273 · New York Court of Appeals · Dec 5, 1855

The supreme court was of opinion that the legacies to the daughters of *Page 281 the testator, being vested legacies, as they clearly were, and being given moreover in the first instance to the daughters and their heirs, … The latter clause, in such cases, limits and controls the former, and when they are read together it is apparent that the general terms which ordinarily convey the whole property, are to be understood in a qualified and not

Buffett v. . the Troy and Boston R.R. Co.

40 N.Y. 168 · New York Court of Appeals · Jan 15, 1869

The first question is, was there any contract, express oi implied, established by the proof? … C., 347), assumed by Judge Comstock, in the Bissell opinion, to have substantially overthrown them, had not at all shaken or qualified the former very strong cases of East Anglian Railway v.

Matter of Miller v. State of New York

2026 NY Slip Op 03907 · New York Court of Appeals · Jun 18, 2026

"[A]n amended Constitution must be read as a whole and as if every part had been adopted at the same time and as one law, and effect must be given to every part of it, each clause explained and qualified by every other part … For reasons discussed in more depth later in this opinion ( see infra at 21-23), I agree with the majority that petitioners have failed to establish clearly that article VI, § 25 (b), violates the ERA's protection against

King v. . Barnes

109 N.Y. 267 · New York Court of Appeals · Apr 10, 1888

It was also, found that all of the stock of said company, consisting of 1,000 shares, of the par value of $100 each, with the exception of five shares retained by each of the four directors to vest them with a qualifying … And he further says, in section 112, that the remedy of accounting “is clearly analogous to the remedy of compensation, and is generally used in connection with and auxiliary to some form of it.

The People v. Hasahn D. Murray

New York Court of Appeals · Oct 20, 2022

The plain text of the statutory provisions therefore establishes that a discharged alternate juror is not “available for service” pursuant to CPL 270.35 (1) (see Matter of New York County Lawyers’ Assn. v Bloomberg, 19 … Under this definition, once the court has clearly stated on the record that an alternate juror has no further responsibilities in the case, the alternate juror is discharged.

Adams v. Genie Industries, Inc.

14 N.Y.3d 535 · New York Court of Appeals · May 11, 2010

The evidence clearly showed that the use of outriggers would have made the product safer. … A qualified expert so testified, and illustrated his point with a model that he had created of Genie’s machine, to which he had added a half dozen switches, of a kind available in the late 1980s for $20 to $25 each.

People Ex Rel. Pennsylvania Railroad v. Wemple

138 N.Y. 1 · New York Court of Appeals · Apr 11, 1893

So the taxation of the franchises of domestic corporations, *13 part of whose business may be interstate commerce, falls in part upon such commerce, but we do not understand that this in any respect qualifies the power of … that case Beadley, J., speaking of the tax, said: “ If intended as a tax on the franchise of doing business, which in this ease is the business of transportation in carrying on interstate and foreign commerce, it would be clearly

Karaduman v. Newsday, Inc.

51 N.Y.2d 531 · New York Court of Appeals · Nov 25, 1980

Following the completion of these discovery procedures, all six named defendants moved for summary judgment, arguing that plaintiff had failed to adduce evidence sufficient to defeat their qualified privilege as journalists … Inasmuch as such a rule would clearly pose an unacceptable barrier to the free flow of ideas, we are constrained to reject it.

Brooklyn Union Gas Co. v. State Board of Equalization & Assessment

65 N.Y. 472 · New York Court of Appeals · Jul 9, 1985

The trial court rejected his testimony, finding that he lacked sufficient background and experience to qualify as an expert appraiser of special franchise property. … Clearly, there is no market for this specially designed property, nor is there any evidence that there have been any sales of similar such property for such use.

Maharaj v. City of New York

44 N.Y.3d 964 · New York Court of Appeals · Apr 15, 2025

</u></div> <p>I summarize here the cases that establish this distinction and control our analysis on this appeal. … </u></div> [*8] <p>Applying these established principles of tort law easily resolves this appeal.

In re Westchester County Medical Center

72 N.Y.2d 517 · New York Court of Appeals · Oct 14, 1988

The problem is not in establishing Mrs. O’Connor’s wishes. They were clearly stated and convincingly proven. The majority faults the proof because her statements were not sufficiently specific. … Judges, the persons least qualified by training, experience or affinity to reject the patient’s instructions, have overridden Mrs.

People v. Rodriguez y Paz

58 N.Y.2d 327 · New York Court of Appeals · Mar 29, 1983

Furthermore, the Judges sitting on the Special Narcotics Courts hear and determine only narcotics indict *336 ments from all of New York City’s five counties and are, therefore, particularly well qualified to decide when … The Supreme Court, in both cases, gave the Federal statute a narrow construction after finding that Congress clearly intended the statute to play a central role in limiting who was authorized to issue eavesdropping warrants

The People v. . the Board of Metropolitan Police

26 N.Y. 316 · New York Court of Appeals · Mar 5, 1863

This right to resign is clearly implied by the language of the act. The Board of Police cannot retain a patrolman in office any longer than he desires to retain the office. … He refused to hold the office under the act, or under the Board of Police established by the act. It was not a mere "speaking at large," and saying I will no longer be a patrolman.

Norris v. Beyea

13 N.Y. 273a · New York Court of Appeals · Dec 15, 1855

The latter clause, in such cases, limits and controls the former, and when they are read together it is apparent that the general terms which ordinarily convey the wdiole property, are to be understood in a qualified and … These are all the cases referred to by the learned chief justice upon this point, and they do not, as it seems to me, tend to establish the poposition that the limitation under consideration was void for repugnancy.

Da Silva v. Musso

76 N.Y.2d 436 · New York Court of Appeals · Jun 12, 1990

The italicized language clearly limits the court’s options to monetary relief in cases where the owner has exercised his rights under the unstayed judgments and transferred the property to a "good faith” purchaser for value … Plaintiff does not quarrel with these basic principles, but instead takes the position that a purchaser who has actual knowledge of a pending appeal affecting title to the property does not qualify as one acting with "good

Tuscan Dairy Farms, Inc. v. Barber

45 N.Y.2d 215 · New York Court of Appeals · Jul 11, 1978

It is concluded that there would be considerable pressure exerted by the applicant to establish a foothold in the market. … 372): "Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly